Orange County Transportation Authority  
Board Agenda  
Monday, October 28, 2024 at 9:00 a.m.  
550 South Main Street, Orange, California  
Board Members  
Tam T. Nguyen, Chair  
Doug Chaffee, Vice Chair  
Valerie Amezcua  
Jon Dumitru  
Jamey Federico  
Katrina Foley  
Patrick Harper  
Michael Hennessey  
Fred Jung  
Farrah N. Khan  
Stephanie Klopfenstein  
Vicente Sarmiento  
John Stephens  
Mark Tettemer  
Donald P. Wagner  
Lan Zhou, Ex-Officio  
Any person with a disability who requires a modification or accommodation in order to participate  
in this meeting should contact the Orange County Transportation Authority (OCTA) Clerk of the  
Board's office at (714) 560-5676, no less than two business days prior to this meeting to enable  
OCTA to make reasonable arrangements to assure accessibility to this meeting.  
Agenda Descriptions  
Agenda descriptions are intended to give members of the public a general summary of items of  
business to be transacted or discussed. The posting of the recommended actions does not  
indicate what action will be taken. The Committee may take any action which it deems to be  
appropriate on the agenda item and is not limited in any way by the notice of the recommended  
action.  
Public Availability of Agenda Materials  
All documents relative to the items referenced in this agenda are available for public inspection at  
www.octa.net or through the Clerk of the Board’s office at the OCTA Headquarters, 600 South  
Main Street, Orange, California.  
Meeting Access and Public Comments on Agenda Items  
Members of the public can either attend in-person or listen to audio live streaming of the Board  
and Committee meetings by clicking this link: https://octa.legistar.com/Calendar.aspx  
In-Person Comment  
Members of the public may attend in-person and address the Board regarding any item within the  
subject matter jurisdiction of the Orange County Transportation Authority. Please complete a  
speaker’s card and submit it to the Clerk of the Board and notify the Clerk regarding the agenda  
item number on which you wish to speak. Speakers will be recognized by the Chair at the time of  
the agenda item is to be considered by the Board. Comments will be limited to three minutes. The  
Brown Act prohibits the Board from either discussing or taking action on any non-agendized  
items.  
Written Comment  
Written public comments may also be submitted by emailing them to ClerkOffice@octa.net, and  
must be sent by 5:00 p.m. the day prior to the meeting. If you wish to comment on a specific  
agenda Item, please identify the Item number in your email. All public comments that are timely  
received will be part of the public record and distributed to the Board. Public comments will be  
made available to the public upon request.  
Call to Order  
Invocation  
Director Klopfenstein  
Pledge of Allegiance  
Director Harper  
1.  
Closed Session  
Overview  
A Closed Session will be held as follows:  
A.  
B.  
Pursuant to Government Code Section 54956.9(d)(1) - Conference with General  
Counsel - Existing Litigation - Orange County Transportation Authority v. Encore  
Cowan, LLC., et al, OCSC Case No. 30-2021-01202351.  
Pursuant to Government Code Section 54956.9(d)(1) - Conference with General  
Counsel - Existing Litigation - Jane Doe v. Orange County Transportation Authority,  
OSCS Case No. 30-2021-01218637.  
Special Calendar  
Orange County Transportation Authority Special Calendar Matters  
2.  
Presentation of Resolutions of Appreciation for Employees of the Month  
Overview  
Present Orange County Transportation Authority Resolutions of Appreciation to Lee Diep,  
Coach Operator; Rafael Luna, Maintenance; and Kriss Garbowski, Administration, Nos.  
2024-085, 2024-086, and 2024-087 as Employees of the Month for October 2024.  
Consent Calendar (Items 3 through 19)  
All matters on the Consent Calendar are to be approved in one motion unless a Board Member or  
a member of the public requests separate action on a specific item.  
Orange County Transportation Authority Consent Calendar Matters  
3.  
Approval of Minutes  
Clerk of the Board  
Recommendation(s)  
Approve the minutes of the October 14, 2024 Orange County Transportation Authority and  
affiliated agencies’ regular meeting.  
Attachments:  
Minutes  
4.  
Fiscal Year 2024-25 Internal Audit Plan, First Quarter Update  
Janet Sutter  
Overview  
The Orange County Transportation Authority Board of Directors adopted the Orange  
County Transportation Authority Internal Audit Department Fiscal Year 2024-25 Internal  
Audit Plan on July 22, 2024. This report provides an update of activities for the first quarter  
of the fiscal year.  
Recommendation(s)  
Receive and file the first quarter update to the Orange County Transportation Authority  
Internal Audit Department Fiscal Year 2024-25 Internal Audit Plan as an information item.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
Attachment B  
Attachment C  
5.  
Investment Manager Contracts, Internal Audit Report No. 25-504  
Gabriel Tang/Janet Sutter  
Overview  
The Internal Audit Department of the Orange County Transportation Authority has  
completed an audit of investment manager contracts. Based on the audit, oversight,  
contract compliance, and invoice review controls are generally adequate; however, two  
recommendations have been made to improve compliance with contract terms related to  
replacing key personnel and to improve the timeliness of invoice processing.  
Recommendation(s)  
Direct staff to implement two recommendations provided in Investment Manager  
Contracts, Internal Audit Report No. 25-504.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
6.  
Fiscal Year 2023-24 Fourth Quarter Budget Status Report  
Victor Velasquez/Andrew Oftelie  
Overview  
Orange County Transportation Authority staff has implemented the fiscal year 2023-24  
budget. This report summarizes the material variances between the budget and actual  
revenues and expenses through the fourth quarter of fiscal year 2023-24.  
Recommendation(s)  
Receive and file as an information item.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
7.  
Orange County Transportation Authority Investment and Debt Programs Report -  
August 2024  
Robert Davis/Andrew Oftelie  
Overview  
The Orange County Transportation Authority has a comprehensive investment and debt  
program to fund its immediate and long-term cash flow demands. Each month, the  
Treasurer submits a report detailing investment allocation, performance, compliance,  
outstanding debt balances, and credit ratings for the Orange County Transportation  
Authority’s debt program. This report is for the month ending August 31, 2024. The report  
has been reviewed and is consistent with the investment practices contained in the  
investment policy.  
Recommendation(s)  
Receive and file as an information item.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
Attachment B  
8.  
SB 1 (Chapter 5, Statutes of 2017) State of Good Repair Claims for Fiscal Year  
2024-25  
Sam Kaur/Andrew Oftelie  
Overview  
The Orange County Transportation Authority is eligible to receive funding from the SB 1  
State of Good Repair Program that is funded by the Transportation Improvement Fee on  
vehicle registrations. Funding recommendations for fiscal year 2024-25 were approved by  
the Board of Directors on August 12, 2024. Upon approval of the statewide list of fiscal  
year 2024-25 projects by the California Department of Transportation, the Orange County  
Transportation Authority must file claims on a quarterly basis to receive the funding.  
Recommendation(s)  
Authorize the filing of SB 1 State of Good Repair claims, in the amount of $7.084 million, or  
up to the actual allocation published by the State Controller’s Office, to fund capital projects  
approved by the Orange County Transportation Authority Board of Directors.  
Attachments:  
Transmittal  
Staff Report  
9.  
State Transit Assistance Fund Claims for Fiscal Year 2024-25  
Sam Kaur/Andrew Oftelie  
Overview  
The Orange County Transit District is eligible to receive funding from the State Transit  
Assistance Fund for providing public transportation services throughout Orange County. To  
receive these funds, the Orange County Transit District, as the public transit and  
community transit services operator, must file claims with the Orange County  
Transportation Authority, the transportation planning agency for Orange County.  
Recommendation(s)  
Adopt Resolution No. 2024-080 to authorize the filing of State Transit Assistance Fund  
claims, in the amount of $50,464,493, or up to the actual allocation published by the State  
Controller’s Office, to support public transportation.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
10.  
Performance Evaluation of State Legislative Advocate, Topp Strategies  
Kristin Jacinto  
Overview  
The firm Topp Strategies provides state legislative advocacy services for the Orange  
County Transportation Authority. A staff evaluation of the services provided during this  
legislative session is presented to the Board of Directors for consideration and further  
comment.  
Recommendation(s)  
Receive and file the staff evaluation of the state advocacy services of Topp Strategies as  
an information item and provide any additional comments.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
Attachment B  
11.  
Performance Evaluation of Federal Legislative Advocate, Potomac Partners, DC  
Kristin Jacinto  
Overview  
The firm Potomac Partners, DC provides federal legislative advocacy services for the  
Orange County Transportation Authority in Washington, D.C. A staff evaluation of the  
services provided this session is presented to the Board of Directors for consideration and  
further comment.  
Recommendation(s)  
Receive and file the staff evaluation of the federal advocacy services of Potomac Partners,  
DC as an information item and provide any additional comments.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
Attachment B  
12.  
Draft 2025-26 State and Federal Legislative Platforms  
Alexis Carter/Kristin Jacinto  
Overview  
Every two years, staff conducts  
a
comprehensive review of the Orange County  
Transportation Authority’s Legislative Platforms to ensure updates are provided on  
relevant issues that are anticipated to be of discussion for the upcoming legislative  
sessions. Following extensive stakeholder outreach, initial draft revisions to the Orange  
County Transportation Authority’s 2025-26 State and Federal Legislative Platforms have  
been prepared for consideration by the Orange County Transportation Authority Board of  
Directors. Before a final draft is considered for adoption, these drafts will be revised as a  
result of feedback from the Orange County Transportation Authority Board of Directors and  
stakeholder input.  
Recommendation(s)  
Direct staff to move forward with the recommended revisions to the draft 2025-26 Orange  
County Transportation Authority State and Federal Legislative Platforms and incorporate  
any feedback from the Orange County Transportation Authority Board of Directors,  
returning to the Board of Directors for final adoption at a later date.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
Attachment B  
Attachment C  
Attachment D  
13.  
Agreement for 2026 Long-Range Transportation Plan Public Outreach Consultant  
Services  
Marissa Espino/Maggie McJilton  
Overview  
On June 20, 2024, the Orange County Transportation Authority released a request for  
proposals for public outreach services to support the upcoming 2026 Long-Range  
Transportation Plan. Proposals were received in accordance with the Orange County  
Transportation Authority’s procurement procedures for professional and technical services.  
Board of Directors’ approval is requested to execute an agreement for these services.  
Recommendation(s)  
A.  
Approve the selection of Arellano Associates, LLC, as the firm to provide public  
outreach services for the 2026 Long-Range Transportation Plan.  
B.  
Authorize the Chief Executive Officer to negotiate and execute Agreement No. C-4-  
2295 between the Orange County Transportation Authority and Arellano  
Associates, LLC, in the amount of $350,000, for a two-year initial term with one,  
one-year option term, to provide public outreach services for the 2026 Long-Range  
Transportation Plan.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
Attachment B  
Attachment C  
14.  
Excess Liability Insurance Renewal  
Greg Bych/Maggie McJilton  
Overview  
The Orange County Transportation Authority procured excess liability insurance  
continuously from 1991 through 2020. Beginning in December 2020, the Orange County  
Transportation Authority became fully self-insured and has maintained that self-insurance  
since then.  
Recommendation(s)  
A.  
Authorize the Chief Executive Officer to establish a $10 million self-insured retention  
for excess liability claims.  
B.  
Authorize the Chief Executive Officer to negotiate and execute Purchase Order No.  
A59005, in the amount not to exceed $960,000, to Marsh Risk and Insurance  
Services, Inc., to purchase a $5 million excess liability insurance policy on behalf of  
the Orange County Transportation Authority for the policy period of November 1,  
2024 to October 31, 2025.  
Attachments:  
Transmittal  
Staff Report  
Presentation  
15.  
Diversity Outreach Update  
Ted P. Nguyen/Maggie McJilton  
Overview  
The Orange County Transportation Authority continues to broaden its outreach efforts to  
engage Orange County’s diverse populations through multilingual communications and  
targeted outreach. These efforts help position the agency as a trusted and responsive  
institution in Orange County. This report offers an annual update on the progress of  
outreach activities designed to serve the needs of diverse and hard-to-reach communities.  
Recommendation  
Receive and file as an information item.  
Attachments:  
Transmittal  
Staff Report  
Presentation  
Orange County Transit District Consent Calendar Matters  
16.  
Federal Transit Administration Drug and Alcohol Compliance Audit  
Janet Sutter  
Overview  
The Federal Transit Administration has completed a Drug and Alcohol Compliance audit  
of the Orange County Transportation Authority and contractors Transdev, Keolis Transit  
America, and Cabco Yellow, Incorporated. Management has addressed all deficiencies,  
and the audit is now closed.  
Recommendation(s)  
Receive and file the Federal Transit Administration Drug and Alcohol Compliance Audit as  
an information item.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
Attachment B  
17.  
Amendment to the Agreement for OC ACCESS Paratransit and OC Flex  
Microtransit Service  
Melissa Mungia/Johnny Dunning, Jr.  
Overview  
On September 13, 2021, the Orange County Transportation Authority Board of Directors  
approved an agreement with First Transit, Inc., for the management, operation, and  
maintenance of the OC ACCESS paratransit and OC Flex microtransit service. An  
amendment is necessary to address service-related elements including reimbursement for  
no-show passengers, cancel-at-the-door trips, and non-revenue support services.  
Recommendation(s)  
Authorize the Chief Executive Officer to negotiate and execute Amendment No. 6 to  
Agreement No. C-0-2150 between the Orange County Transportation Authority and First  
Transit, Inc., to allow reimbursement for no-shows, cancel-at-the-door trips, and specific  
non-revenue support services estimated to be $3,864,084.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
Attachment B  
Orange  
Matters  
County  
Local  
Transportation  
Authority  
Consent  
Calendar  
18.  
Interstate 5 Improvement Project: Oso Parkway to Alicia Parkway Design and  
Construction Management, Internal Audit Report No. 25-501  
Serena Ng/Janet Sutter  
Overview  
The Internal Audit Department has completed an audit of the design and construction  
management contracts for the Oso Parkway to Alicia Parkway segment of the Interstate 5  
Improvement Project. Based on the audit, oversight controls are in place and operating  
effectively and contract compliance and invoice review controls are generally adequate;  
however, one recommendation was made to enforce the pre-approval requirement for  
other direct costs not included in the contract schedule.  
Recommendation(s)  
Direct staff to implement the recommendation provided in Interstate 5 Improvement  
Project: Oso Parkway to Alicia Parkway Design and Construction Management, Internal  
Audit Report No. 25-501.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
19.  
Contract Change Order for Construction of the OC Streetcar Project  
Jeff Mills/James G. Beil  
Overview  
On September 24, 2018, the Orange County Transportation Authority Board of Directors  
authorized Agreement No. C-7-1904 with Walsh Construction Company II, LLC, for  
construction of the OC Streetcar project. A contract change order is required to modify  
pumps in the wheel truing and service and inspection pit at the maintenance and storage  
facility.  
Recommendation(s)  
Authorize the Chief Executive Officer to negotiate and execute Contract Change Order No.  
250 to Agreement No. C-7-1904 with Walsh Construction Company II, LLC, in the amount  
of $325,000, to modify pumps in the wheel truing and service and inspection pit at the  
maintenance and storage facility.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
Attachment B  
Regular Calendar  
Orange  
Matters  
County  
Local  
Transportation  
Authority  
Regular  
Calendar  
20.  
OC Streetcar Project Quarterly Update  
Jeff Mills/James G. Beil  
Overview  
The Orange County Transportation Authority is implementing the OC Streetcar project, and  
updates are provided to the Board of Directors on a quarterly basis. This report covers OC  
Streetcar project activities from July 2024 through September 2024.  
Recommendation(s)  
Receive and file as an information item.  
Attachments:  
Transmittal  
Staff Report  
Presentation  
21.  
Measure M2 Next 10 Delivery Plan: Market Conditions Key Indicators Analysis and  
Forecast  
Francesca Ching/Kia Mortazavi  
Overview  
At the direction of the Board of Directors, the Orange County Transportation Authority  
monitors construction market conditions. Annually, a report on Market Conditions Key  
Indicators Analysis and Forecast is presented to the Board of Directors to provide insight  
into potential project delivery cost drivers that could affect the Measure M2 Next 10  
Delivery Plan. The last effort was presented to the Board of Directors on October 9, 2023.  
An updated forecast has been prepared and a presentation on the results of this effort is  
provided.  
Recommendation(s)  
Continue to monitor market conditions, key indicators and provide updates to the Board of  
Directors as appropriate.  
Attachments:  
Transmittal  
Staff Report  
Attachment A  
Attachment B  
Presentation  
Discussion Items  
22.  
23.  
24.  
25.  
Public Comments  
Chief Executive Officer's Report  
Directors’ Reports  
Adjournment  
The next regularly scheduled meeting of this Board will be held:  
9:00 a.m., on TUESDAY, November 12, 2024  
OCTA Headquarters  
Board Room  
550 South Main Street  
Orange, California